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Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013

No. 34 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENTS TO BUILDING ACT 1993 3

Division 1—Amendments to governance provisions 3

3 New definitions 34 Division 2 of Part 12 substituted 4

Division 2—Victorian Building Authority 4

Subdivision 1—Establishment 4

193 Establishment of Authority 4194 Authority is a body corporate 4195 Authority accountable to Minister 5196 Authority to comply with certain directions by gas

safety Minister 5197 Functions of the Authority 5198 General powers of the Authority 7199 Delegation 7

Subdivision 2—VBA Board and staff of the Authority 7

200 Victorian Building Authority Board 7201 Appointment of Commissioners to VBA Board 8202 Application of Schedule 3 9203 Chief executive officer 9204 Authority staff 10

Subdivision 3—Victorian Building Authority Fund 11

205 Establishment and structure 11205A Payments into Building account 11205B Payments out of the Building account 13205C Payments into the Plumbing account 15205D Payments out of the Plumbing account 15

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205E Authority may invest funds 16205F Authority may engage agent in administering Victorian

Building Authority Fund 16

Subdivision 4—Building permit levy 16

205G Building permit levy must be paid 16205H Building permit levy in building permit process 17205I Determination and notification of levy 19205J Other duties of relevant building surveyor 19205K Authority may recover unpaid levy 20

Subdivision 5—Specific powers of Authority relating to building surveyors 20

205L Referral of matters to Building Practitioners Board 20205M Directions and recommendations in relation to

building surveyors 21205N Authority may act as municipal building surveyor—

general 22205O Effect of Authority acting as municipal building

surveyor 22205P Authority as relevant building surveyor for certain

occupancy permits 23205Q Building surveyor not to carry out function 23205R Minister's guidelines apply to applications to

Authority 245 Membership of Building Advisory Council 246 New Division 4A of Part 12 inserted 25

Division 4A—Plumbing Advisory Council 25

211A Establishment of Council 25211B Membership and procedure 25211C Functions 27

7 New sections 259B and 259C inserted 27259B Authority may provide information to the Director of

Consumer Affairs Victoria 27259C Authority may disclose cooling tower information 27

Division 2—Building practitioner registration and plumber licensing and registration 28

8 New section 25J inserted 2825J Review by VCAT 28

9 Police record checks—building practitioners 28169A Police record check on applicant 28

10 Powers of Building Practitioners Board 29

11 New Division 2A inserted in Part 11 29

Division 2A—Review of decisions 29

182A Review by VCAT 2912 Police record checks—plumbers 30

221VA Police record check on applicant 30

PART 3—AMENDMENTS TO ARCHITECTS ACT 1991 31

13 Architects Registration Board to advise Minister 3114 Regulations 31

PART 4—TRANSITIONAL AND SAVINGS PROVISIONS AND CONSEQUENTIAL AMENDMENTS 32

Division 1—Transitional and savings provisions 32

15 New section 272 inserted 32272 Transitional and savings provisions—Building and

Planning Legislation Amendment (Governance and Other Matters) Act 2013 32

16 New Schedule 7 inserted—Transitional and savings provisions 32

SCHEDULE 7—Transitional and Savings provisions relating to the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 32

PART 1—PRELIMINARY 32

1 Definitions 32

PART 2—BUILDING COMMISSION 34

2 Building Commission 343 Superseded references 354 Building Advisory Council 355 Building Regulations Advisory Committee 356 Transfer of staff 357 Immunity of former Commissioners and staff 368 Building Administration Fund 379 Inquiries by Building Practitioners Board—new

decisions 3810 Building practitioner appeals 38

PART 3—PLUMBING INDUSTRY COMMISSION 39

11 Plumbing Industry Commission 3912 Superseded references 4013 Plumbing Advisory Council 4014 Registrar of Plumbing Industry Commission 41

15 Superseded references 4116 Transfer of staff 4117 Immunity of former Commissioners and staff 4318 Plumbing fund 43

PART 4—MISCELLANEOUS 43

19 Appointment of first chief executive officer of Authority 43

20 Registrar of Titles to amend Register 44

Division 2—Consequential amendments to Building Act 1993 44

17 Definitions 4418 Building permit levy in building permit process 4419 References to building permit levy 4520 Immunity of Commissioners and Authority staff 4521 Section 143 repealed 4622 Membership of bodies 4623 References to Building Administration Fund 4724 Building practitioner appeals 4725 Performance auditors 4726 Amendments to Part 12A 4727 Registrar 4828 Divisions 9 and 9A of Part 12A repealed 4829 Section 221ZZZR repealed 4830 Section 221ZZZS repealed 4931 Authorised persons 4932 Who may prosecute or bring other proceedings 4933 Improper use of information 5034 Schedule 1—Further consequential amendments to Building

Act 1993 50

Division 3—Consequential amendments to other Acts 50

35 Schedule 2—Consequential amendments to other Acts 50

PART 5—AMENDMENT TO PLANNING AND ENVIRONMENT AMENDMENT (GENERAL) ACT 2013 51

36 Section 33 substituted 5133 Parties to review 51

PART 6—REPEAL OF AMENDING ACT 53

37 Repeal of amending Act 53__________________

SCHEDULES 54

SCHEDULE 1—Further Consequential Amendments to Building Act 1993 54

SCHEDULE 2—Consequential Amendments to Other Acts 63

1 Building and Construction Industry Security of Payment Act 2002 63

2 Domestic Building Contracts Act 1995 653 Electricity Industry (Residual Provisions) Act 1993 664 Gas Safety Act 1997 665 House Contracts Guarantee Act 1987 666 Loy Yang B Act 1992 667 Planning and Environment Act 1987 668 Urban Renewal Authority Victoria Act 2003 669 Victorian Civil and Administrative Tribunal Act 1998 67

11K Definitions 67═══════════════

ENDNOTES 69

Building and Planning Legislation Amendment (Governance and Other

Matters) Act 2013†

No. 34 of 2013

[Assented to 18 June 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Building Act 1993—

(i) to establish the Victorian Building Authority; and

Victoria

1

(ii) to improve generally the regulation of building practitioners and plumbers; and

(b) to amend the Architects Act 1991—

(i) to require the Architects Registration Board of Victoria to provide advice to the Minister; and

(ii) to simplify the process of making regulations; and

(c) to amend the Planning and Environment Amendment (General) Act 2013 to make further provision in relation to the parties to a proceeding for review under the Planning and Environment Act 1987.

2 Commencement

This Act comes into operation on 1 July 2013.

__________________

s. 2 Section Page

2

PART 2—AMENDMENTS TO BUILDING ACT 1993

Division 1—Amendments to governance provisions

3 New definitionss. 3

See:Act No.126/1993.Reprint No. 9as at25 October 2011and amendingAct Nos9/2012, 17/2012 and 21/2012.LawToday:www.legislation.vic.gov.au

In section 3(1) of the Building Act 1993—

(a) insert the following definitions—

"Authority means the Victorian Building Authority established under section 193;

Chief Commissioner means the person appointed to the VBA Board as Chief Commissioner;

chief executive officer means the chief executive officer of the Authority;

Plumbing Advisory Council means the Plumbing Advisory Council under Part 12;

VBA Board means the Victorian Building Authority Board established under section 200.";

(b) for the definition of Commissioner substitute—

"Commissioner means the Chief Commissioner, the Deputy Chief


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Commissioner or a Commissioner appointed to the VBA Board;".

4 Division 2 of Part 12 substituted

For Division 2 of Part 12 of the Building Act 1993 substitute—

"Division 2—Victorian Building Authority

Subdivision 1—Establishment

193 Establishment of Authority

The Victorian Building Authority is established.

194 Authority is a body corporate

(1) The Authority—

(a) is a body corporate with perpetual succession; and

(b) has an official seal; and

(c) may sue and be sued; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

(2) The official seal of the Authority—

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(a) must be kept in the custody that the Authority directs; and

(b) must not be used except as authorised by the Authority.

(3) All courts and persons acting judicially must—

(a) take judicial notice of the official seal of the Authority affixed to any document; and

(b) presume that the seal was duly affixed.

195 Authority accountable to Minister

(1) The Authority is subject to the direction and control of the Minister. Those directions may be general or specific.

(2) In giving a direction under subsection (1), the Minister may have regard to any advice of the Building Advisory Council or the Plumbing Advisory Council.

(3) The Authority must give the Minister any information and assistance that the Minister requires and the Authority is able to give.

196 Authority to comply with certain directions by gas safety Minister

(1) The Minister administering the Gas Safety Act 1997 may give the Authority written directions in relation to the carrying out of the Authority's functions to the extent that this affects gas safety and persons carrying out gasfitting work.

(2) A direction must not be given if it affects one person only.

(3) The Authority must comply with a direction given under this section.

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197 Functions of the Authority

The Authority has the following functions—

(a) to monitor and enforce compliance with this Act and the regulations;

(b) to administer the scheme under Part 12A for the licensing and registration of plumbers;

(c) to participate on behalf of Victoria in the development of national building standards and national plumbing standards;

(d) to monitor developments relevant to the regulation of building standards and plumbing standards in Victoria;

(e) to promote the maintenance of adequate levels of competence among plumbers;

(f) to provide information (including to consumers) on matters relating to—

(i) building standards and plumbing standards; and

(ii) the regulation of buildings, building work and building practitioners; and

(iii) the regulation of plumbing work and plumbers;

(g) to provide information and training to assist persons and bodies in carrying out functions under this Act or the regulations;

(h) to promote the resolution of consumer complaints about work carried out by builders and plumbers;

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(i) to conduct or promote research relating to the regulation of the building industry and the plumbing industry in Victoria and to report on the outcomes of this research in its report of operations under the Financial Management Act 1994;

(j) to monitor the system of collection of the building permit levy;

(k) to charge and collect fees (determined in accordance with this Act and the regulations) for information and training services provided by the Authority;

(l) to administer the Victorian Building Authority Fund;

(m) to advise the Minister on the carrying out of the Authority's functions under this Act and on any other matter referred to it by the Minister;

(n) to carry out any other function conferred on the Authority by or under this or any other Act or under any agreement to which the State is a party.

198 General powers of the Authority

The Authority may do all things necessary or convenient to enable it to carry out its functions.

199 Delegation

The Authority may by instrument delegate to any person any of its functions except the Authority's powers under sections 205L and 205M and this power of delegation.

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Subdivision 2—VBA Board and staff of the Authority

200 Victorian Building Authority Board

(1) The Authority has a governing body known as the Victorian Building Authority Board.

(2) The VBA Board consists of—

(a) a Chief Commissioner who is to be chairperson of the Board; and

(b) a Deputy Chief Commissioner who is to be deputy chairperson of the Board; and

(c) at least three other Commissioners.

(3) The VBA Board—

(a) is responsible for the governance and strategic management of the Authority; and

(b) may carry out the functions of the Authority.

(4) All acts and things done in the name of, or on behalf of, the Authority by or with the authority of the VBA Board are taken to have been done by the Authority.

201 Appointment of Commissioners to VBA Board

(1) Each Commissioner is to be appointed by the Governor in Council on the recommendation of the Minister.

(2) The Minister must, so far as is practicable, ensure that the Commissioners appointed have between them skills, experience and knowledge in relation to building, plumbing, architecture, the interests of consumers,

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dispute resolution, insurance, law, financial management, public administration and the administration of regulatory regimes.

(3) The Minister must recommend for appointment a person nominated by the Minister responsible for administering the Domestic Building Contracts Act 1995.

(4) The Minister must recommend for appointment a person nominated by the Minister responsible for administering the Victorian Managed Insurance Authority Act 1996.

(5) A Commissioner who was, immediately before being appointed, a member of a statutory superannuation scheme within the meaning of the Superannuation (Public Sector) Act 1992, continues to be a member of that superannuation scheme subject to the Act under which the scheme was created.

202 Application of Schedule 3

Part 1 and clauses 9, 10 and 11 of Schedule 3 apply in relation to the VBA Board.

203 Chief executive officer

(1) The Authority may, with the approval of the Minister, appoint a person as the chief executive officer of the Authority.

(2) The chief executive officer is responsible to the VBA Board for the day to day management of the Authority.

(3) The chief executive officer holds office on the terms and conditions determined by the Authority with the approval of the Minister.

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(4) The chief executive officer must not engage in paid employment outside the office of chief executive officer without the permission of the Authority.

(5) If the chief executive officer was, immediately before being appointed, a member of a statutory superannuation scheme within the meaning of the Superannuation (Public Sector) Act 1992, the chief executive officer continues to be a member of that superannuation scheme subject to the Act under which the scheme was created.

(6) The Authority must not appoint as chief executive officer a person who is a Commissioner or a member of the Building Appeals Board, the Building Practitioners Board, the Building Advisory Council, the Building Regulations Advisory Committee or the Plumbing Advisory Council.

(7) The Authority may remove the chief executive officer from office with the approval of the Minister.

204 Authority staff

(1) The Authority may appoint or engage—

(a) a Registrar of the Victorian Building Authority; and

(b) a Registrar of the Building Appeals Board; and

(c) a Registrar of the Building Practitioners Board; and

(d) as many other persons as are required to enable the Authority to carry out its functions.

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(2) The Authority may engage a person—

(a) as an employee of the Authority; or

(b) as a contractor or consultant; or

(c) under a secondment or other arrangement for the services of persons employed under Part 3 of the Public Administration Act 2004.

(3) A person who was, immediately before being engaged as an employee by the Authority, a member of a statutory superannuation scheme within the meaning of the Superannuation (Public Sector) Act 1992, continues to be a member of that superannuation scheme subject to the Act under which the scheme was created.

Subdivision 3—Victorian Building Authority Fund

205 Establishment and structure

(1) The Authority must establish and administer a fund to be known as the Victorian Building Authority Fund.

(2) The Victorian Building Authority Fund is to be divided into—

(a) the Building account; and

(b) the Plumbing account.

(3) The Building account is to be divided into the following accounts—

(a) building general account;

(b) building permit levy account;

(c) domestic building account;

(d) domestic building dispute account.

205A Payments into Building account


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(1) There must be paid into the Building account—

(a) all money received or recovered by or on behalf of or paid to the Minister under this Act and the regulations; and

(b) all money received or recovered by or on behalf of, or paid to, the Authority under this Act and the regulations or under any other Act or regulations (other than money required by section 205C(a) to be paid into the Plumbing account); and

(c) any amounts received by a municipal building surveyor or private building surveyor on account of the building permit levy; and

(d) any fees or fines received or recovered by or on behalf of the Building Practitioners Board; and

(e) any costs or fees received by or on behalf of the Building Appeals Board; and

(f) income from the investment of the Building account; and

(g) money appropriated by Parliament for the purposes of the Building account; and

(h) any other money required or authorised by or under this or any other Act to be paid into the Victorian Building Authority Fund.

(2) Amounts paid into the Building account on account of the building permit levy payable

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under section 205G(1) must be credited to the building permit levy account.

(3) Amounts paid into the Building account that are fees or fines received or recovered by or on behalf of the Building Practitioners Board in relation to the registration or discipline of building practitioners engaged in domestic building work must be credited to the domestic building account.

(4) Amounts paid into the Building account on account of the building permit levy payable under section 205G(2) must be credited to the domestic building dispute account.

(5) Other amounts paid into the Building account must be credited to the building general account.

205B Payments out of the Building account

(1) Subject to subsection (2), there must be paid out of the Building account—

(a) any amounts required to enable the Authority to carry out its functions; and

(b) any amounts authorised by the Minister to be paid for a purpose relating to the building industry and approved by the Minister; and

(c) any costs and expenses incurred by the Authority in administering or enforcing this Act or the regulations, including, but not limited to—

(i) the remuneration and allowances of the Commissioners; and

(ii) the remuneration and allowances of members of the Building Appeals Board, the Building Practitioners Board, the Building

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Advisory Council and the Building Regulations Advisory Committee; and

(iii) the costs incurred in appointing or engaging any person for the purposes of this Act or the regulations; and

(d) in accordance with subsection (4), any costs and expenses incurred in the administration of the Domestic Building Contracts Act 1995 or the regulations under that Act, including, but not limited to, the costs and expenses of the Victorian Civil and Administrative Appeals Tribunal in relation to proceedings under that Act; and

(e) any other amounts authorised to be paid out of the Building account by or under this or any other Act.

(2) Subsection (1) does not apply to any purpose for which amounts are required to be paid out of the Plumbing account under section 205D.

(3) Amounts paid out of the Building account may be paid—

(a) out of the building general account or the building permit levy account as the Authority considers appropriate; or

(b) out of the domestic building account in accordance with subsection (4), if authorised by the Minister and the Minister administering the Domestic Building Contracts Act 1995; or

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(c) out of the domestic building dispute account in accordance with subsection (5).

(4) Amounts may be paid out of the domestic building account towards—

(a) the costs and expenses referred to in subsection (1)(c) to the extent that they relate to the registration or discipline of a builder engaged in domestic building work; and

(b) the costs and expenses referred to in subsection (1)(d).

(5) Amounts may be paid out of the domestic building dispute account to the Domestic Builders Fund established under the Domestic Building Contracts Act 1995 and to the building permit levy account in the proportions determined from time to time by the Minister administering the Domestic Building Contracts Act 1995.

205C Payments into the Plumbing account

There must be paid into the Plumbing account—

(a) all money received or recovered by or on behalf of, or paid, to the Authority under Part 12A or the regulations under that Part or in the enforcement of that Part or those regulations; and

(b) income from the investment of the Plumbing account; and

(c) money appropriated by Parliament for the purposes of the Plumbing account.

205D Payments out of the Plumbing account

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There must be paid out of the Plumbing account—

(a) any amounts required to enable the Authority to carry out its functions in administering and enforcing Part 12A and the regulations under that Part; and

(b) any money required to refund any licence, registration or endorsement fee paid in relation to—

(i) a plumbing licence or plumbing registration that was not granted or renewed; or

(ii) an endorsement under section 221N or 221OA that was not given; and

(c) the remuneration and allowances of members of the Plumbing Advisory Council.

205E Authority may invest funds

The Authority may invest any part of the Victorian Building Authority Fund not immediately required for the purposes of the Fund in any manner approved by the Treasurer.

205F Authority may engage agent in administering Victorian Building Authority Fund

The Authority may enter into arrangements or agreements with any person or body to act as its agent in the carrying out of its functions in relation to the administration of the Victorian Building Authority Fund.

Subdivision 4—Building permit levy

205G Building permit levy must be paid

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(1) A building permit levy must be paid in the amount of 0064 cents in every dollar of the cost of building work for which a building permit is sought.Note

A levy paid under this subsection is paid into the Building account of the Victorian Building Authority Fund and credited to the building permit levy account (see section 205A(2)).

(2) In addition to the levy imposed by subsection (1), a building permit levy must be paid in the amount of 0064 cents in every dollar of the cost of building work for which a building permit is sought.Note

A levy paid under this subsection is paid into the Building account of the Victorian Building Authority Fund and credited to the domestic building dispute account (see section 205A(4)).

(3) The building permit levy—

(a) is payable by the applicant for the building permit; and

(b) must be paid before the building permit can be issued.

(4) Subsection (3) does not prevent the application from being considered pending payment of the levy.

(5) A building permit levy is not payable if the cost of the building work (including the cost of labour and materials) is $10 000 or less.

205H Building permit levy in building permit process

(1) An application for a building permit must—

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(a) specify the contract price for the building work (including the cost of labour and materials), if there is a contract for the work; or

(b) in any other case, include sufficient information to enable the relevant building surveyor to estimate the cost of the building work (including the cost of labour and materials).

(2) The relevant building surveyor to whom an application for a building permit is made may consider the application pending payment of the levy.

(3) Without limiting the circumstances in which a relevant building surveyor can refuse to issue a building permit, the relevant building surveyor must refuse an application for a building permit if—

(a) the building permit levy is not paid within 90 days after the building surveyor gives the applicant written notice of the levy under section 205I; or

(b) the building surveyor is satisfied that the contract price for the building work specified in the application is substantially lower than the price normally payable under contracts for work of that kind; or

(c) the building surveyor is satisfied that the application—

(i) does not comply with subsection (1)(b); or

(ii) contains a statement about the cost of the building work that is false

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or misleading in a material particular.

(4) The requirements of subsection (1) are in addition to any other requirements under this Act or the regulations in relation to applications for building permits.

205I Determination and notification of levy

The relevant building surveyor must—

(a) estimate the cost of the building work (including the cost of labour and materials) for which a building permit is sought, having regard to the information given under section 205H(1)(a) or (b); and

(b) without delay give the applicant written notice of—

(i) the estimate; and

(ii) the amount of levy payable.

205J Other duties of relevant building surveyor

(1) A relevant building surveyor must in accordance with the regulations—

(a) keep records of—

(i) amounts received by the building surveyor on account of the building permit levy; and

(ii) amounts of levy the building surveyor has forwarded to the Authority for payment into the

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Victorian Building Authority Fund; and

(b) make those records available to be inspected by or on behalf of the Authority; and

(c) forward the amounts received to the Authority for payment into the Victorian Building Authority Fund; and

(d) give to the Authority periodic returns setting out—

(i) whether or not the building surveyor has received any amount of levy in the return period; and

(ii) if any levy has been received, the amount received and the amount forwarded to the Authority; and

(iii) any other prescribed information.

(2) On the application by a relevant building surveyor, the Authority may exempt the building surveyor from the requirements of subsection (1)(d) for a specified period if the Authority is satisfied that, due to illness or other reasonable cause, the building surveyor will not receive any levy during that period.

(3) An application and an exemption under subsection (2) must be in writing.

205K Authority may recover unpaid levy

The Authority may recover money payable to the Victorian Building Authority Fund under section 205J(1)(c) in a court of competent jurisdiction as a debt due to the Authority.

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Subdivision 5—Specific powers of Authority relating to building surveyors

205L Referral of matters to Building Practitioners Board

The Authority may refer to the Building Practitioners Board any matter concerning a registered building surveyor that comes to the Authority's notice and is within the Board's jurisdiction.

205M Directions and recommendations in relation to building surveyors

(1) If it considers it necessary for the purposes of this Act or the regulations, the Authority may direct a municipal building surveyor or private building surveyor to carry out his or her functions under this Act or the regulations—

(a) in accordance with this Act or the regulations; or

(b) within a period specified in the direction.

(2) The Authority, in giving a direction under subsection (1)(b), must not vary a time limit prescribed by this Act or the regulations.

(3) If it considers it necessary for the purposes of this Act or the regulations, the Authority may recommend to the person who appointed a municipal building surveyor or private building surveyor that the person take action specified by the Authority.

(4) Before giving a direction or making a recommendation under this section, the Authority must give the municipal building

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surveyor or private building surveyor concerned—

(a) written notice of the Authority's intention; and

(b) a reasonable opportunity to make a submission about the matter to the Authority.

(5) The Authority must give a copy of any direction or recommendation under this section to the municipal building surveyor or private building surveyor concerned.

205N Authority may act as municipal building surveyor—general

(1) The Authority may carry out the functions of a municipal building surveyor under this Act and the regulations in relation to—

(a) any application for a building permit made to the Authority under Part 3; and

(b) any matter referred to the Authority by a private building surveyor under Part 8; and

(c) a place of public entertainment (other than a prescribed temporary structure) for which the Authority has issued an occupancy permit.

(2) The Authority's functions under subsection (1) are in addition to any function of a municipal building surveyor conferred on the Authority under Division 1.

205O Effect of Authority acting as municipal building surveyor

(1) In carrying out a function of a municipal building surveyor under Division 1 or section 205N, the Authority has the same

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powers that the municipal building surveyor would have to carry out the function.

(2) A determination of the Authority in carrying out a function of a municipal building surveyor under Division 1 or section 205N must be given effect to as if it were the determination of a municipal building surveyor.

(3) If, in carrying out any function of a municipal building surveyor, the Authority carries out any work or takes any action under Part 8, the Authority may—

(a) recover the costs of carrying out the work or taking the action from the owner in a court of competent jurisdiction as a debt due to the Authority; and

(b) apply any amount or part of any amount for which a bond or undertaking is deposited with the Authority under a condition imposed on a permit under section 22 towards the costs of carrying out the work or taking the action.

205P Authority as relevant building surveyor for certain occupancy permits

The Authority is, and may carry out the functions of, the relevant building surveyor under Part 5 in relation to—

(a) an application to the Authority for an occupancy permit under section 53(2); and

(b) the issue of that permit; and

(c) the amendment or cancellation of that permit.

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205Q Building surveyor not to carry out function

(1) This section applies if the Authority carries out any of the following functions in relation to building work or a building or land—

(a) a function as a municipal building surveyor under Division 1;

(b) a function under section 205N or 205P.

(2) A municipal building surveyor or private building surveyor must not carry out a function to which this section applies in relation to the same building work, building or land.

205R Minister's guidelines apply to applications to Authority

If an application is made to the Authority under this Act for a permit or a temporary approval or an amendment to a permit or approval, section 66 or clause 1 of Schedule 2 (as the case requires) applies as if a reference in that section or clause to the Local Government Act 1989 were a reference to guidelines under section 188 of this Act.".

5 Membership of Building Advisory Council

(1) In section 207(2) of the Building Act 1993—

(a) for paragraphs (aa) and (ab) substitute—

"(ab) one is to be the Chief Commissioner or a Commissioner nominated by the Chief Commissioner; and";

(b) after paragraph (b) insert—

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"(ba) one is to be nominated by the Building Designers Association of Victoria Inc.; and".

(2) After section 207(2) of the Building Act 1993 insert—

"(2A) For the purposes of subsection (2)(ab), the Chief Commissioner may nominate a Commissioner to act in the place of the Chief Commissioner in his or her absence.".

6 New Division 4A of Part 12 inserted

After Division 4 of Part 12 of the Building Act 1993, insert—

"Division 4A—Plumbing Advisory Council

211A Establishment of Council

There continues to be a Plumbing Advisory Council.

211B Membership and procedure

(1) The members of the Plumbing Advisory Council are to be appointed by the Minister.

(2) Of those members—

(a) one is to be a person with substantial knowledge and experience in relation to the plumbing industry, appointed as chairperson by the Minister; and

(b) one is to be the Chief Commissioner or a Commissioner nominated by the Chief Commissioner; and

(c) one is to be a person nominated by the Minister administering the Water Act 1989; and

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(d) one is to be a person nominated by the Minister administering the Gas Safety Act 1997; and

(e) one is to be a person nominated by the Minister administering Part 3.1 of Chapter 3 and Part 5.5 of Chapter 5 of the Education and Training Reform Act 2006; and

(f) one is to be a person chosen by the Minister; and

(g) one is to be a person nominated by a body that, in the opinion of the Minister, represents Victorian employers in relation to all classes of plumbing work; and

(h) one is to be a person nominated by a body that, in the opinion of the Minister, represents air-conditioning contractors in Victoria; and

(i) one is to be a person nominated by a body that, in the opinion of the Minister, represents fire protection contractors in Victoria; and

(j) up to three are to be persons nominated by a body or bodies that, in the opinion of the Minister, represent the industrial interests of employee plumbers; and

(k) one is a person chosen by the Minister to represent the interests of consumers.

(3) For the purposes of subsection (2)(b), the Chief Commissioner may nominate a Commissioner to act in the place of the Chief Commissioner in his or her absence.

(4) If a body referred to in subsection (2)(g), (h), (i) or (j) does not nominate a person within

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30 days of being asked to do so in writing, the Minister may appoint a member of that body chosen by the Minister to be a member of the Council.

(5) Parts 1 and 2 (except for clause 8) of Schedule 3 apply to the membership and procedure of the Council in the same way as they apply to a Board.

211C Functions

The functions of the Plumbing Advisory Council are—

(a) to advise the Minister, either at the request of the Minister or on its own initiative, in relation to Part 12A and the plumbing industry; and

(b) to advise the Authority, either at the request of the Authority or on its own initiative, in relation to Part 12A and the plumbing industry.".

7 New sections 259B and 259C inserted

After section 259A of the Building Act 1993 insert—

"259B Authority may provide information to the Director of Consumer Affairs Victoria

The Authority may provide the Director of Consumer Affairs Victoria with any information held by the Authority in relation to a domestic building dispute (within the meaning of the Domestic Building Contracts Act 1995) if the Authority considers that the information will assist in the resolution of the dispute.

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259C Authority may disclose cooling tower information

The Authority may disclose any information it obtains under Part 12A in relation to a cooling tower system to the Secretary to the Department of Health.".

Division 2—Building practitioner registration and plumber licensing and registration

8 New section 25J inserted

After section 25I of the Building Act 1993 insert—

"25J Review by VCAT

A person to whom a decision of the Building Practitioners Board under this Division applies may apply to the Victorian Civil and Administrative Tribunal for a review of—

(a) that decision; or

(b) a failure of the Board to make that decision within a reasonable time.".

9 Police record checks—building practitioners

(1) After section 169(2)(ca) of the Building Act 1993 insert—

"(cb) be accompanied by an authorisation signed by the applicant for the conduct of a police record check on the applicant; and".

(2) After section 169 of the Building Act 1993 insert—

"169A Police record check on applicant

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In considering an application for registration, the Board may arrange for the conduct of a police record check on the applicant.".

10 Powers of Building Practitioners Board

(1) For section 179(2)(c) and (ca) of the Building Act 1993 substitute—

"(c) to require the person to give an undertaking—

(i) to do a specified thing, including to complete or rectify specified building work; or

(ii) not to do a specified thing;

(ca) to require the person to complete a specified course of training within a specified period;".

(2) After section 179(2)(d) of the Building Act 1993 insert—

"(da) to impose a condition or limitation on the person's registration;".

11 New Division 2A inserted in Part 11

After Division 2 of Part 11 of the Building Act 1993 insert—

"Division 2A—Review of decisions

182A Review by VCAT

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(1) A person to whom a decision of the Building Practitioners Board under Division 1 or 2 applies may apply to the Victorian Civil and Administrative Tribunal for a review of—

(a) that decision; or

(b) a failure of the Board to make that decision within a reasonable time.

(2) If the Authority referred a matter to the Building Practitioners Board for inquiry under Division 2, the Authority may apply to the Victorian Civil and Administrative Tribunal for a review of—

(a) a failure by the Board to conduct an inquiry, within a reasonable time, into the matter referred to it; or

(b) a refusal by the Board to conduct the inquiry; or

(c) a decision by the Board on the inquiry.

(3) A person who requested the Building Practitioners Board to conduct an inquiry under Division 2 may apply to the Victorian Civil and Administrative Tribunal for a review of—

(a) a failure by the Board to conduct the inquiry within a reasonable time; or

(b) a refusal by the Board to conduct the inquiry; or

(c) a decision by the Board on the inquiry.".

12 Police record checks—plumbers

(1) After section 221T(2)(b) of the Building Act 1993 insert—

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"(ba) be accompanied by an authorisation signed by the applicant for the conduct of a police record check on the applicant; and".

(2) After section 221V of the Building Act 1993 insert—

"221VA Police record check on applicant

In considering an application for licensing or registration, the Authority may arrange for the conduct of a police record check on the applicant.".

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PART 3—AMENDMENTS TO ARCHITECTS ACT 1991

13 Architects Registration Board to advise Ministers. 13

See:Act No.13/1991.Reprint No. 3as at14 June 2005and amendingAct Nos18/2005, 69/2009 and 21/2012.LawToday:www.legislation.vic.gov.au

At the end of section 46 of the Architects Act 1991 insert—

"(2) The Board must advise the Minister on the carrying out of the Board's functions under this Act and on any other matter referred to it by the Minister.".

14 Regulations

In section 69(1) of the Architects Act 1991, for "The Board, with the approval of the Governor in Council" substitute "The Governor in Council".

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PART 4—TRANSITIONAL AND SAVINGS PROVISIONS AND CONSEQUENTIAL AMENDMENTS

Division 1—Transitional and savings provisions

15 New section 272 inserted

After section 271 of the Building Act 1993 insert—

"272 Transitional and savings provisions—Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013

Schedule 7 has effect.".

16 New Schedule 7 inserted—Transitional and savings provisions

After Schedule 6 to the Building Act 1993, insert—

"__________________

SCHEDULE 7Section 272

TRANSITIONAL AND SAVINGS PROVISIONS RELATING TO THE BUILDING AND

PLANNING LEGISLATION AMENDMENT (GOVERNANCE AND OTHER MATTERS)

ACT 2013

PART 1—PRELIMINARY

1 Definitions

In this Schedule—

Building Administration Fund means the Building Administration Fund established and administered by the Building Commission under

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section 200 as in force immediately before the commencement day;

Building Commission means the Building Commission established by section 193 as in force immediately before the commencement day;

Building Commissioner means the Commissioner of the Building Commission;

commencement day means the day on which the 2013 Act came into operation;Note

The Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 came into operation on 1 July 2013.

plumbing fund means the fund established and administered by the Plumbing Industry Commission under section 221ZZZR as in force immediately before the commencement day;

Plumbing Industry Advisory Council means the body established under Division 9A of Part 12A as in force immediately before the commencement day;

Plumbing Industry Commission means the Plumbing Industry Commission established by section 221ZZR as in force immediately before the commencement day;

Plumbing Industry Commissioner means the Commissioner of the Plumbing Industry Commission;

Registrar has the same meaning as it has in section 221B;

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Registrar of the Plumbing Industry Commission means the Registrar of the Plumbing Industry Commission appointed or employed under section 221ZZX as in force immediately before the commencement day;

2013 Act means the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013.

PART 2—BUILDING COMMISSION

2 Building Commission

On the commencement day—

(a) the Building Commission is abolished and the Building Commissioner goes out of office; and

(b) the Victorian Building Authority becomes the successor in law of the Building Commission; and

(c) all rights, assets, liabilities and obligations of the Building Commission immediately before the commencement day become rights, assets, liabilities and obligations of the Victorian Building Authority; and

(d) the Victorian Building Authority is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Building Commission; and

(e) the Victorian Building Authority may continue and complete any other

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continuing matter or thing commenced by or against or in relation to the Building Commission; and

(f) any matter or thing done under an enactment or subordinate instrument by the Building Commission before the commencement day is taken to have been done by the Victorian Building Authority, so far as it relates to any period after the commencement day.

3 Superseded references

On and from the commencement day, any reference to the Building Commission in any Act, subordinate instrument, agreement or other document is taken to be a reference to the Victorian Building Authority, so far as it relates to any period after the commencement day.

4 Building Advisory Council

On and from the commencement day, the Building Advisory Council is taken to be the same body despite the change in its membership by section 5 of the 2013 Act.

5 Building Regulations Advisory Committee

On and from the commencement day, the Building Regulations Advisory Committee is taken to be the same body despite the change in its membership by section 22 of the 2013 Act.

6 Transfer of staff

(1) On and from the commencement day, all persons who were appointed or employed by the Building Commission under section 205 as in force immediately before the commencement day, and whose

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appointments or employment were in force immediately before the commencement day, are taken to be appointed or engaged by the Victorian Building Authority under section 204.

(2) A person taken to be appointed or engaged by the Authority under subclause (1) is taken to be appointed or engaged on the same terms and with the same accrued and accruing entitlements as applied to the person immediately before the commencement day.

(3) If a person is taken to be appointed or engaged by the Authority under subclause (1)—

(a) the service of the person with the Authority is to be regarded for all purposes as having been continuous with the person's service with the Building Commission; and

(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be appointed or employed by the Building Commission.

(4) Nothing in this clause prevents a person appointed or employed by the Building Commission from resigning or being dismissed at any time after the commencement day in accordance with the terms of his or her appointment or employment.

7 Immunity of former Commissioners and staff

On and from the commencement day, an entitlement of the Building Commissioner or a person appointed, employed or engaged by

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the Building Commission to immunity under section 127, as in force immediately before the commencement day, in relation to anything done before the commencement day continues to apply to the Commissioner or person.

8 Building Administration Fund

(1) On the commencement day, all amounts standing to the credit of the Building Administration Fund immediately before the commencement day are credited to the Building account of the Victorian Building Authority Fund.

(2) Without limiting the generality of subclause (1)—

(a) all amounts standing to the credit of the general account of the Building Administration Fund immediately before the commencement day are credited to the building general account; and

(b) all amounts standing to the credit of the building permit levy account of the Building Administration Fund immediately before the commencement day are credited to the building permit levy account; and

(c) all amounts standing to the credit of the domestic building account of the Building Administration Fund immediately before the commencement day are credited to the domestic building account; and

(d) all amounts standing to the credit of the domestic building dispute account of the Building Administration Fund

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immediately before the commencement day are credited to the domestic building dispute account.

(3) Words and expressions used in this clause have the same meaning as they have in section 205.

9 Inquiries by Building Practitioners Board—new decisions

Section 179(2) as amended by section 10 of the 2013 Act does not apply to a decision of the Building Practitioners Board on an inquiry commenced before the commencement day.

10 Building practitioner appeals

(1) This clause applies to an appeal to the Building Appeals Board under section 143 as in force immediately before the commencement day that had commenced but had not been determined before the commencement day.

(2) Despite the repeal of section 143 by the 2013 Act, the Building Appeals Board may continue to hear and determine the appeal—

(a) if the Building Appeals Board has accepted a written submission from a party or commenced to conduct a hearing; or

(b) in any other case, unless the Building Appeals Board refers the matter to the Victorian Civil and Administrative Tribunal under subclause (3).

(3) For the purposes of subclause (2)(b), the Building Appeals Board, on the application of the appellant, may refer an appeal to the

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Victorian Civil and Administrative Tribunal for hearing and determination.

(4) The Victorian Civil and Administrative Tribunal may hear and determine an appeal referred to it under subclause (3) as if the appeal were an application for review under section 25J or section 182A (as the case requires).

PART 3—PLUMBING INDUSTRY COMMISSION

11 Plumbing Industry Commission


(a) the Plumbing Industry Commission is abolished and the Plumbing Industry Commissioner goes out of office; and

(b) the Victorian Building Authority becomes the successor in law of the Plumbing Industry Commission; and

(c) all rights, assets, liabilities and obligations of the Plumbing Industry Commission immediately before the commencement day become rights, assets, liabilities and obligations of the Victorian Building Authority; and

(d) the Victorian Building Authority is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Plumbing Industry Commission; and

(e) the Victorian Building Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Plumbing Industry Commission; and

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(f) any matter or thing done under an enactment or subordinate instrument by the Plumbing Industry Commission before the commencement day is taken to have been done by the Victorian Building Authority, so far as it relates to any period after the commencement day.


On and from the commencement day, any reference to the Plumbing Industry Commission in any Act, subordinate instrument, agreement or other document, as far as it relates to any period after the commencement day, is taken to be a reference to the Victorian Building Authority.

13 Plumbing Advisory Council

(1) On and from the commencement day, the Plumbing Advisory Council is taken to be the same body as the Plumbing Industry Advisory Council despite the change in its name and membership by section 6 of the 2013 Act.

(2) On and from the commencement day, any reference to the Plumbing Industry Advisory Council in any Act, subordinate instrument, agreement or other document, as far as it relates to any period after the commencement day, is taken to be a reference to the Plumbing Advisory Council.

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14 Registrar of Plumbing Industry Commission


(a) the position of Registrar of the Plumbing Industry Commission is abolished and the person occupying that position goes out of office but is taken to be a person appointed or engaged by the Authority in accordance with clause 16; and

(b) the Registrar may continue and complete any continuing matter or thing commenced by or against or in relation to the Registrar of the Plumbing Industry Commission; and

(c) any matter or thing done under an enactment or subordinate instrument by the Registrar of the Plumbing Industry Commission before the commencement day is taken to have been done by the Registrar, so far as it relates to any period after the commencement day.


On and from the commencement day, any reference to the Registrar of the Plumbing Industry Commission in any Act, subordinate instrument, agreement or other document, as far as it relates to any period after the commencement day, is taken to be a reference to the Registrar.

16 Transfer of staff

(1) On and from the commencement day, all persons who were appointed or employed by the Plumbing Industry Commission under section 221ZZX as in force immediately

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before the commencement day, and whose appointments or employment were in force immediately before the commencement day, are taken to be appointed or engaged by the Victorian Building Authority under section 204.

(2) A person taken to be appointed or engaged by the Authority under subclause (1) is taken to be appointed or engaged on the same terms and with the same accrued and accruing entitlements as applied to the person immediately before the commencement day.

(3) If a person is taken to be appointed or engaged by the Authority under subclause (1)—

(a) the service of the person with the Authority is to be regarded for all purposes as having been continuous with the person's service with the Plumbing Industry Commission; and

(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be appointed or employed by the Plumbing Industry Commission.

(4) Nothing in this clause prevents a person appointed or employed by the Plumbing Industry Commission from resigning or being dismissed at any time after the commencement day in accordance with the terms of his or her appointment or employment.

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17 Immunity of former Commissioners and staff

On and from the commencement day, an entitlement of the Plumbing Industry Commissioner or a person appointed or employed by the Plumbing Industry Commission to immunity under section 127, as in force immediately before the commencement day, in relation to anything done before the commencement day continues to apply to the Commissioner or person.

18 Plumbing fund

On the commencement day, all amounts standing to the credit of the plumbing fund immediately before the commencement day are credited to the Plumbing account of the Victorian Building Authority Fund.

PART 4—MISCELLANEOUS

19 Appointment of first chief executive officer of Authority

(1) Despite section 203, the first chief executive officer of the Authority is to be a person appointed by the Minister.

(2) The first chief executive officer is to hold office on the terms and conditions determined by the Minister.

(3) Before appointing the first chief executive officer, the Minister must consult with the Minister for Finance and the Minister for Consumer Affairs.

(4) The Minister may remove the first chief executive officer from office.

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(5) Section 203(2), (4) and (5) apply in relation to the first chief executive officer as if the first chief executive officer had been appointed under section 203.

20 Registrar of Titles to amend Register

The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments to the Register under the provisions of the Transfer of Land Act 1958 that are necessary because of the operation of any provision of the 2013 Act.".

Division 2—Consequential amendments to Building Act 1993

17 Definitions

In section 3(1) of the Building Act 1993—

(a) the definition of Commission is repealed;

(b) in paragraph (c) of the definition of relevant building surveyor—

(i) for "Commission" (where twice occurring) substitute "Authority";

(ii) for "section 199(5)" substitute "section 205P".

18 Building permit levy in building permit process

At the foot of section 18 of the Building Act 1993 insert—"Notes

1 A person applying for a building permit must pay the building permit levy determined under Subdivision 4 of Division 2 of Part 12.

2 An application for a building permit must include information that enables the building permit levy to be determined (see section 205H(1)).".

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19 References to building permit levy

(1) In section 18A(2)(a) of the Building Act 1993—

(a) in subparagraph (ii), for "calculated in accordance with section 201" substitute "estimated under Subdivision 4 of Division 2 of Part 12";

(b) in subparagraph (iii), for "section 201(6)(b) or 201(6)(c)" substitute "section 205H(3)(b) or (c)".

(2) In section 24A(3) of the Building Act 1993, for "estimated in accordance with section 201" substitute "estimated under Subdivision 4 of Division 2 of Part 12".

(3) In section 25B of the Building Act 1993, for "estimated in accordance with section 201" substitute "estimated under Subdivision 4 of Division 2 of Part 12".

(4) In section 32A(3)(d) of the Building Act 1993, for "calculated in accordance with section 201" substitute "estimated under Subdivision 4 of Division 2 of Part 12".

(5) In section 217(1) of the Building Act 1993, for "and section 201" substitute ", Subdivision 4 of Division 2 of Part 12".

20 Immunity of Commissioners and Authority staff

(1) Insert the following heading to section 127 of the Building Act 1993—

"Immunity for Commissioners, members of public authorities and staff".

(2) In section 127 of the Building Act 1993—

(a) in subsection (1)—

(i) for "The Commissioner" substitute "A Commissioner"; and

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(ii) omit "employed,"; and

(iii) for "Commission" substitute "Authority";

(b) in subsection (2)—

(i) for "the Commissioner" substitute "a Commissioner"; and

(ii) for "Commission" (where twice occurring) substitute "Authority"; and

(iii) omit "employed,".

21 Section 143 repealed

Section 143 of the Building Act 1993 is repealed.

22 Membership of bodies

(1) In section 166(4)(a) of the Building Act 1993, for "the Commissioner" substitute "a Commissioner".

(2) In section 184(7) of the Building Act 1993, for "the Commissioner" substitute "a Commissioner".

(3) For section 210(2)(a) of the Building Act 1993 substitute—

"(a) one is to be the Chief Commissioner or a Commissioner nominated by the Chief Commissioner, who is to be chairperson of the Committee;".

(4) After section 210(2) of the Building Act 1993 insert—

"(2A) For the purposes of subsection (2)(a), the Chief Commissioner may nominate a Commissioner to act in the place of the Chief Commissioner in his or her absence.".

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23 References to Building Administration Fund

(1) In section 172(2)(a) of the Building Act 1993, for "Building Administration Fund" substitute "Victorian Building Authority Fund".

(2) In section 261(1)(p) of the Building Act 1993, for "Building Administration Fund" substitute "Victorian Building Authority Fund".

24 Building practitioner appeals

For section 174A(6)(b) of the Building Act 1993 substitute—

"(b) it is cancelled by the Victorian Civil and Administrative Tribunal under Division 2A of Part 11.".

25 Performance auditors

(1) In section 227A(1) of the Building Act 1993—

(a) for "Commission" substitute "Authority";

(b) after "Division" insert "from staff appointed or engaged under section 204".

(2) In section 227A(2) of the Building Act 1993, for "Commission" (where twice occurring) substitute "Authority".

26 Amendments to Part 12A

(1) In section 221A of the Building Act 1993, omit "By and large this Part operates separately from the rest of this Act.".

(2) In section 221B(1) of the Building Act 1993 the definition of Commission is repealed.

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(3) In section 221ZZY of the Building Act 1993—

(a) for subsection (1) substitute—

"(1) The Authority may appoint for the purposes of this Part, from staff appointed or engaged under section 204—

(a) plumbing inspectors; and

(b) compliance auditors.";

(b) in subsection (2), for "Commission" (where twice occurring) substitute "Authority";

(c) in subsection (3), for "Commission" (where twice occurring) substitute "Authority".

27 Registrar

(1) In section 221B(1) of the Building Act 1993, for the definition of Registrar substitute—

"Registrar means the Registrar of the Victorian Building Authority appointed or engaged under section 204(1)(a);".

(2) In section 237(3) of the Building Act 1993—

(a) for "Plumbing Industry Commission" (where first occurring) substitute "Authority";

(b) for "Plumbing Industry Commission" (where second occurring) substitute "Victorian Building Authority appointed or engaged under section 204(1)(a)".

28 Divisions 9 and 9A of Part 12A repealed

Divisions 9 and 9A of Part 12A of the Building Act 1993 are repealed.

29 Section 221ZZZR repealed

Section 221ZZZR of the Building Act 1993 is repealed.

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30 Section 221ZZZS repealed

Section 221ZZZS of the Building Act 1993 is repealed.

31 Authorised persons

In section 228(1) of the Building Act 1993, in the definition of authorised person—

(a) for paragraphs (c) and (ca) substitute—

"(c) the Authority; or";

(b) in paragraph (da), for "Part 12A;" substitute "Part 12A; or";

(c) in paragraph (db), for "Part 12A;" substitute "Part 12A; or".

32 Who may prosecute or bring other proceedings

(1) For section 241(2A) of the Building Act 1993 substitute—

"(2A) Proceedings for an offence against Part 12A or any regulations made for the purposes of that Part may be brought by Energy Safe Victoria.".

(2) In section 241(2B) of the Building Act 1993, for "Plumbing Industry Commission" (where twice occurring) substitute "Authority".

(3) In section 241(3) of the Building Act 1993, for "Commission" (where twice occurring) substitute "Authority".

(4) For section 242(2) and (3) of the Building Act 1993 substitute—

"(2) If an offence has been prosecuted by the Authority or a person authorised by the Minister, the Authority or the Building Practitioners Board, all penalties recovered in relation to the offence must be paid into the Victorian Building Authority Fund.".

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33 Improper use of information

(1) In section 259A of the Building Act 1993—

(a) after "former member of" insert "the Authority,";

(b) for "the Plumbing Industry Commission, the Plumbing Industry Advisory Council" substitute "the Plumbing Industry Commission or the Plumbing Advisory Council";

(c) for "any of these Boards, Committees or Commissions" substitute "any of these bodies".

(2) At the end of section 259A insert—

"(2) In this section—

Plumbing Industry Commission means the Plumbing Industry Commission established under section 221ZZR as in force immediately before the commencement of the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013.".

34 Schedule 1—Further consequential amendments to Building Act 1993

The Building Act 1993 is amended as set out in Schedule 1.

Division 3—Consequential amendments to other Acts

35 Schedule 2—Consequential amendments to other Acts

An Act referred to in the heading to an item in Schedule 2 is amended as set out in that item.

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PART 5—AMENDMENT TO PLANNING AND ENVIRONMENT AMENDMENT (GENERAL) ACT 2013

36 Section 33 substituteds. 36

See:Act No.3/2013.Statute Book:www.legislation.vic.gov.au

For section 33 of the Planning and Environment Amendment (General) Act 2013 substitute—

'33 Parties to review

(1) For section 83(1) of the Planning and Environment Act 1987 substitute—

"(1) In addition to any other party to a proceeding for review under this Act, a determining referral authority is a party to a proceeding for review—

(a) of a refusal to grant a permit if—

(i) the determining referral authority had objected to the grant of the permit; or

(ii) it was refused because a condition required by the determining referral authority conflicted with a condition recommended by a recommending referral authority or required by another determining referral authority; and

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required that the condition be included on the permit.".

(2) After section 83(2) of the Planning and Environment Act 1987 insert—

"(3) In addition to any other party to a proceeding for review under this Act, a recommending referral authority is a party to a proceeding for review if the recommending referral authority is given notice of the application for review under this Act.".'.

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PART 6—REPEAL OF AMENDING ACT

37 Repeal of amending Act

This Act is repealed on 1 July 2014.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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SCHEDULES

SCHEDULE 1

FURTHER CONSEQUENTIAL AMENDMENTS TO BUILDING ACT 1993

Section 34

1 In section 22, for "Commission" substitute "Authority".

2 In the heading to section 25I, for "Building Commission" substitute "Authority".

3 In section 25I, for "Commission" (wherever occurring) substitute "Authority".


5 In section 53(2), for "Commission" substitute "Authority".

6 In section 63(2), for "Commission" (where twice occurring) substitute "Authority".


8 In section 81, for "Commission" (wherever occurring) substitute "Authority".

9 Insert the following heading to section 82—

"Directions of Authority".

10 In section 82(1), for "Commission" (wherever occurring) substitute "Authority".



13 In section 140(1), for "Commission's" substitute "Authority's".

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14 In section 140(2)—

(a) for "Commission" substitute "Authority";

(b) for "Commission's" substitute "Authority's".

15 In section 144A, for "Building Commission" (where twice occurring) substitute "Authority".

16 In section 149(3), for "Commission" (where twice occurring) substitute "Authority".

17 In section 157(a)(iv), for "Commission" substitute "Authority".

18 In section 160A(2)(d), for "Commission" substitute "Authority".

19 In section 160B(4)(n), for "Commission" substitute "Authority".

20 In section 162(1)(a)(ii), for "Commission" substitute "Authority".


22 In section 178(1)(c), for "Commission" substitute "Authority".

23 In section 179(1)(c), for "Commission" substitute "Authority".

24 In section 182(1)(b), for "Commission" substitute "Authority".

25 In section 188(1)(b), for "Commission" substitute "Authority".




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"Minister may require Authority to act as building surveyor".



"Agreements with councils or the Authority".

31 In section 214, for "Commission" (wherever occurring) substitute "Authority".

32 In section 221B(1)—

(a) in the definition of licensed plumber, for "Plumbing Industry Commission" substitute "Authority"; and

(b) in the definition of registered plumber, for "Plumbing Industry Commission" substitute "Authority".

33 In section 221D, for "Commission" (wherever occurring) substitute "Authority".

34 In section 221F(1), for "Commission" substitute "Authority".

35 In section 221H(2), for "Commission" substitute "Authority".

36 In section 221L(1)(a), for "Commission" substitute "Authority".

37 In section 221M, for "Commission" (wherever occurring) substitute "Authority".

38 In section 221N, for "Commission" (wherever occurring) substitute "Authority".

39 In section 221O, for "Commission" (wherever occurring) substitute "Authority".

40 In section 221OA, for "Commission" (wherever occurring) substitute "Authority".

41 In section 221P, for "Commission" (wherever occurring) substitute "Authority".

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42 In section 221Q, for "Commission" (where twice occurring) substitute "Authority".

43 In section 221R, for "Commission" (where twice occurring) substitute "Authority".

44 Insert the following heading to section 221S—

"Authority may refuse to license or register certain persons".

45 In section 221S, for "Commission" (where twice occurring) substitute "Authority".

46 In section 221T, for "Commission" (wherever occurring) substitute "Authority".

47 Insert the following heading to section 221U—

"Authority may require further information".

48 In section 221U, for "Commission" (where twice occurring) substitute "Authority".

49 In section 221V, for "Commission" substitute "Authority".

50 In section 221W, for "Commission" (wherever occurring) substitute "Authority".

51 Insert the following heading to section 221X—

"Authority may impose conditions on licensing or registering person".

52 In section 221X, for "Commission" (where twice occurring) substitute "Authority".

53 In section 221Z, for "Commission" (wherever occurring) substitute "Authority".

54 Insert the following heading to section 221ZA—

"Plumbers must notify Authority of change of contact details".

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55 In section 221ZA, for "Commission" substitute "Authority".

56 In section 221ZB, for "Commission" (wherever occurring) substitute "Authority".

57 Insert the following heading to section 221ZC—

"Authority may require further information".

58 In section 221ZC, for "Commission" (where twice occurring) substitute "Authority".

59 In section 221ZD, for "Commission" (wherever occurring) substitute "Authority".

60 Insert the following heading to section 221ZE—

"Authority may permit late renewals".

61 In section 221ZE, for "Commission" (where twice occurring) substitute "Authority".

62 In section 221ZF(1), for "Commission" (where twice occurring) substitute "Authority".

63 In section 221ZF(2), for "Commission's" substitute "Authority's".

64 In section 221ZFB(c)(i), for "Commission" substitute "Authority".

65 In section 221ZFC(b)(i), for "Commission" substitute "Authority".

66 In section 221ZH, for "Commission" (wherever occurring) substitute "Authority".

67 In section 221ZK, for "Commission" (where twice occurring) substitute "Authority".

68 In the heading to section 221ZKA, for "Commission" substitute "Authority".

69 In section 221ZKA, for "Commission" (wherever occurring) substitute "Authority".

70 In section 221ZN, for "Commission" (wherever occurring) substitute "Authority".

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71 In section 221ZP, for "Commission" (wherever occurring) substitute "Authority".

72 In section 221ZPA(3), for "Commission" substitute "Authority".

73 In section 221ZU, for "Commission" (wherever occurring) substitute "Authority".

74 In section 221ZV, for "Commission" (wherever occurring) substitute "Authority".

75 In section 221ZY(3), for "Commission" substitute "Authority".

76 In section 221ZZB(3)(c), for "Commission" substitute "Authority".

77 In section 221ZZE(3), for "Commission" (where twice occurring) substitute "Authority".

78 In section 221ZZF(5), for "Commission" substitute "Authority".

79 Insert the following heading to section 221ZZK—

"Work may be carried out by Authority or plumbing inspector".

80 In section 221ZZK, for "Commission" (wherever occurring) substitute "Authority".

81 In section 221ZZL(1)(b), for "Commission" substitute "Authority".

82 Insert the following heading to section 221ZZN—

"Authority may resolve disputes concerning interpretation of plumbing regulations".

83 In section 221ZZN, for "Commission" (wherever occurring) substitute "Authority".

84 In section 221ZZO(1), for "Commission" substitute "Authority".

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85 Insert the following heading to section 221ZZP—

"Matters Authority must consider before making a modification declaration".

86 In section 221ZZP, for "Commission" (wherever occurring) substitute "Authority".

87 In section 221ZZQ(1)(a), for "Plumbing Industry Commission" substitute "Victorian Building Authority".

88 In section 221ZZZ(2), for "Commission" substitute "Authority".

89 In section 221ZZZA(3)(d), for "Commission" (where twice occurring) substitute "Authority".

90 In section 221ZZZD, for "Commission" (where twice occurring) substitute "Authority".

91 Insert the following heading to section 221ZZZF—

"Inquiry by Authority".

92 In section 221ZZZF, for "Commission" (where twice occurring) substitute "Authority".

93 In section 221ZZZH(1), for "Commission" (wherever occurring) substitute "Authority".

94 In section 221ZZZI, for "Plumbing Industry Commission" substitute "Victorian Building Authority".

95 Insert the following heading to section 221ZZZJ—

"Disciplinary powers of Authority".

96 In section 221ZZZJ, for "Commission" (wherever occurring) substitute "Authority".

97 In section 221ZZZK, for "Commission" (where twice occurring) substitute "Authority".

98 Insert the following heading to section 221ZZZL—

"Authority may revoke cancellation or suspension".

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99 In section 221ZZZL, for "Commission" substitute "Authority".

100 Insert the following heading to section 221ZZZM—

"Authority may compensate persons suffering loss from unsatisfactory plumbing work".

101 In section 221ZZZM, for "Commission" (wherever occurring) substitute "Authority".

102 Insert the following heading to section 221ZZZN—

"Procedures of Authority sub-committee conducting inquiry or taking disciplinary action".

103 In section 221ZZZN(1), for "of the Commission" substitute "of the Authority".

104 In section 221ZZZN(1)(b), for "Plumbing Industry Commission" substitute "Victorian Building Authority".

105 In section 221ZZZP, for "Commission" (wherever occurring) substitute "Authority".

106 In section 221ZZZT, for "Commission" (wherever occurring) substitute "Authority".

107 In section 221ZZZU(3), for "Commission" (where twice occurring) substitute "Authority".

108 In section 221ZZZV(1)(b), for "Commission" substitute "Authority".

109 In section 227B(2), for "Commission" substitute "Authority".

110 In section 227C(3)(d), for "Commission" (where twice occurring) substitute "Authority".

111 In section 241B, for "Commission" substitute "Authority".



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114 For section 261(1)(o) substitute—

"(o) the procedures of the Authority, the Building Advisory Council, the Plumbing Advisory Council, the Building Practitioners Board and the Building Regulations Advisory Committee;

(oa) the proceedings of the Building Appeals Board;".

__________________

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SCHEDULE 2

CONSEQUENTIAL AMENDMENTS TO OTHER ACTSSection 35

1 Building and Construction Industry Security of Payment Act 2002

1.1 In section 4—

(a) in the definition of authorised nominating authority, for "Building Commission" substitute "Authority";

(b) insert the following definition—

"Authority means the Victorian Building Authority established under the Building Act 1993;";

(c) the definition of Building Commission is repealed.

1.2 In section 20(4), for "Building Commission" substitute "Authority".

1.3 In the heading to section 23A, for "Building Commission" substitute "Authority".

1.4 In section 23A(b), for "Building Commission" substitute "Authority".

1.5 In section 24(3), for "Building Commission" substitute "Authority".

1.6 In section 28D(5)(b), for "Building Commission" substitute "Authority".

1.7 In section 28G(4), for "Building Commission" substitute "Authority".

1.8 In section 28J(c), for "Building Commission" substitute "Authority".

1.9 In section 42, for "Building Commission" (wherever occurring) substitute "Authority".

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1.10 In the heading to section 43, for "Building Commission" substitute "Authority".

1.11 In section 43, for "Building Commission" substitute "Authority".

1.12 In section 43A(g), for "Building Commission" substitute "Authority".

1.13 In section 43B(1)—

(a) for "Building Commission" substitute "Authority";

(b) for "the Commission" substitute "the Authority".

1.14 In the heading to section 47A, for "Building Commission" substitute "Authority".

1.15 In section 47A, for "Building Commission" substitute "Authority".

1.16 In section 47B, for "Building Commission" (wherever occurring) substitute "Authority".

1.17 In section 47C, for "Building Commission" (where twice occurring) substitute "Authority".

1.18 In section 49—

(a) for "Building Commission" (wherever occurring) substitute "Authority";

(b) for "the Commissioner" substitute "a Commissioner";

(c) after "(within the meaning of the Building Act 1993)" insert ", the chief executive officer of the Authority".

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2 Domestic Building Contracts Act 1995

2.1 In section 3(1)—

(a) insert the following definition—

"Authority means the Victorian Building Authority established under the Building Act 1993;";

(b) the definition of Commission is repealed.

2.2 In section 43F(1), for "Commission" substitute "Authority".

2.3 In section 44(2), for "Commission" substitute "Authority".

2.4 In section 45, for "Commission" (wherever occurring) substitute "Authority".

2.5 In section 48(2A), for "Commission" substitute "Authority".

2.6 In the heading to section 123A, for "Commission" substitute "Authority".

2.7 In section 123A, for "Commission" substitute "Authority".


(a) in paragraph (c), for "in the Building Administration Fund under section 200(7)(ba)" substitute "in the Building account of the Victorian Building Authority Fund under section 205B(1)(d)";

(b) in paragraph (ca), for "in the Building Administration Fund under section 200(7E)" substitute "in the Building account of the Victorian Building Authority Fund under section 205B(5)".

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3 Electricity Industry (Residual Provisions) Act 1993

In section 84AC, for "Commissioner of the Building Commission" substitute "Victorian Building Authority".

4 Gas Safety Act 1997

In section 117AB, in the definition of inspector, for "the Plumbing Industry Commissioner appointed under Part 12A" substitute "a Commissioner within the meaning".

5 House Contracts Guarantee Act 1987

Section 46(2)(b) is repealed.

6 Loy Yang B Act 1992

In section 22, for "Building Commission" substitute "Victorian Building Authority".

7 Planning and Environment Act 1987

In section 201RG(2), in the definition of value, for "section 201" substitute "Subdivision 4 of Division 2 of Part 12".

8 Urban Renewal Authority Victoria Act 2003


(a) the definition of Building Commission is repealed;

(b) in the definition of cost of building work, for "section 201" substitute "Subdivision 4 of Division 2 of Part 12";

(c) in the definition of valuer-general, for "1960." substitute "1960;";

(d) insert the following definition—

"Victorian Building Authority means the Victorian Building Authority" established under Part 12 of the Building Act 1993.".

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8.2 In section 51I(3)(a), for "Building Commission" substitute "Victorian Building Authority".

8.3 In section 51Q(3)(a), for "Building Commission" substitute "Victorian Building Authority".

9 Victorian Civil and Administrative Tribunal Act 1998

9.1 Before clause 12 of Part 6 of Schedule 1 insert—

"11K Definitions

In this Part—

Building Practitioners Board means the Building Practitioners Board established under Division 3 of Part 11 of the Building Act 1993;

Victorian Building Authority means the Victorian Building Authority established under Division 2 of Part 12 of the Building Act 1993.".

9.2 In the heading to clause 12 of Part 6 of Schedule 1, for "Building Commission" substitute "Victorian Building Authority".

9.3 In clause 12(1) of Part 6 of Schedule 1, for "Building Commission" substitute "Victorian Building Authority".

9.4 In clause 12(2) of Part 6 of Schedule 1, for "Commission" (where twice occurring) substitute "Authority".

9.5 In clause 12A(1) of Part 6 of Schedule 1, for "Building Commission" substitute "Victorian Building Authority".

9.6 In clause 12A(2) of Part 6 of Schedule 1, for "the Commission" substitute "the Authority".

9.7 In the heading to clause 40 of Part 11 of Schedule 1, for "Building Commission"

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substitute "Victorian Building Authority".

9.8 In clause 40(1) of Part 11 of Schedule 1, for "Building Commission" substitute "Victorian Building Authority".

9.9 In clause 40(2) of Part 11 of Schedule 1, for "Commission" (where twice occurring) substitute "Authority".

═══════════════

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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 15 May 2013

Legislative Council: 30 May 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Building Act 1993 to establish the Victorian Building Authority, to improve generally the regulation of building practitioners and plumbers, to amend the Architects Act 1991 and other Acts, and to amend the Planning and Environment Amendment (General) Act 2013 and for other purposes."

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